HBA-BSM C.S.H.B. 2838 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2838
By: Dukes
Juvenile Justice & Family Issues
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A parent who has been ordered to pay child support may sometimes pay an
additional sum of money along with a  monthly child support payment.  The
obligor may intend the money as a gift or a payment toward future child
support, or add to the payment for a different reason altogether.  Current
law is unclear on how sums paid in excess of the court ordered child
support should be handled by the child support agency (agency) or local
child support  registry (registry).  C.S.H.B. 2838 requires the agency or
registry to handle sums paid in addition to the court ordered child support
by the obligor in the manner intended by the obligor, and in cases in which
the intention is not specified the agency or registry are required to
credit payments towards future child support payments.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2838 amends the Family Code to require a child support agency
(agency) or local child support registry (registry) that receives a payment
from an obligor who is not in arrears with child support to give effect
when possible to any expressed intent of the obligor for the application of
the amount that exceeds the court-ordered amount.  The bill provides that
if the obligor does not express an intent for the application of the amount
paid in excess of the court-ordered amount, the agency or registry is
required to credit the excess amount to the obligor's future child support
obligation and promptly disperse the excess amount to the obligee.  The
bill is not applicable to an obligee who is a recipient of financial
assistance. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2838 differs from the original by replacing attorney general with
child support agency or child support registry that the obligor pays child
support payments to.  The substitute also differs from the original by
providing that payments above the court-ordered amount are required to be
used as credit towards the next child support payment if the obligor does
not express an intent for the application of the amount.  The substitute
adds that these provisions are not applicable to an obligee who is a
recipient of financial assistance and service programs and specifies an
effective date of the bill.